1918346 Ontario Inc v Solomon

Landlord wins · Fenelon Falls · 2025-05-06

Adjudicator

Vicky Liu

Dispute

Breach of Conditions, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

1918346 Ontario Inc

Tenant

K.S.

Landlord rep

Scott Young, Dawn Brand

What happened

The Landlord, a corporation, applied to evict the Tenant for non-payment of rent. The central issue was the lawful monthly rent. The Tenant claimed the rent was $1,200, based on a $200 discount for cleaning common areas. The Landlord argued the lawful rent was $1,400 because the Tenant had stopped performing the cleaning duties, thereby forfeiting the discount. The Board sided with the Landlord, ruling the cleaning arrangement was a service in lieu of payment, and its cessation justified reverting to the full rent amount. The Tenant also tried to raise issues of illegal entry and disrepair under Section 82, but was denied due to failing to provide proper advance notice.

The ruling

The Board granted a conditional order terminating the tenancy. The lawful rent was established at $1,400.00 per month, as the $200 discount was contingent on cleaning services the Tenant no longer provided. The Tenant can void the eviction by paying the arrears, with payment options of $4,696.23 by May 31, 2025, or $6,096.23 by June 30, 2025. Acknowledging the Tenant's financial hardship and the lack of affordable housing, the Board postponed the eviction date to June 30, 2025. If the order is not voided, the Tenant must pay the Landlord $650.21 plus daily compensation of $46.03 from April 2, 2025, until moving out.